# Can I get my visa application money back if I made a mistake?

- Jurisdiction: Australia
- Practice area: Immigration Law
- Published: 2026-11-01
- Last updated: 2026-11-01
- Canonical: https://lawasked.com/au/immigration/can-i-get-my-visa-application-money-back

## Question

I am currently living in Melbourne, Victoria, and I have been trying to sort out my family's visa paperwork for the last three months. Back in early January, I paid a total of $3,500 in application fees to the department to sponsor my cousin's stay here. However, after the payment was processed, I realised I had filled out the forms incorrectly regarding our current residential address, which has caused a massive delay in the whole programme. I contacted the department via their online portal last week to ask if there is any way to get a refund or even just a partial waiver of the fees since it was an honest clerical error on my part. They sent me a generic automated response saying that fees are generally non-refundable, but they didn't explain if there are any specific rules that allow for a remission or a refund in special circumstances. I am really struggling with the financial labour of paying these high costs twice if I have to re-apply. I need to know if there is a formal process to request that they waive or refund the money I have already paid due to my mistake.

## Summary

It depends on whether the Department has specific regulations in place for your situation. While fees are generally non-refundable, the law does allow for the possibility of a refund, waiver, or remission under certain circumstances.

## Analysis

Under the Migration Act 1958, the government has the power to set rules about how fees are collected and whether they can be returned. Specifically, the law allows for the creation of regulations regarding the "remission, refund or waiver of fees" [1]. A remission is a formal decision to cancel or reduce a debt or fee that was previously owed. 

In your case, you paid $3,500 in January for your cousin's sponsorship and realized you made a clerical error regarding your residential address. While the automated response you received stated that fees are generally non-refundable, the law does not strictly forbid refunds. Instead, it gives the power to the government to make regulations that provide for the "remission, refund or waiver of fees of a kind referred to in paragraph (a)" [1]. This means that if the specific regulations governing your visa class allow for it, you might be able to get your money back or have it applied to a new application.

Furthermore, regarding the visa application charge specifically, regulations may make "provision for the remission, refund or waiver of visa application charge or an amount of visa application charge" [2]. This means there is a legal pathway for the Department to consider your request for a refund due to your error.

However, the law is unsettled regarding your specific situation because the provided sections do not list the exact criteria required to qualify for a refund. Whether an "honest clerical error" qualifies as a special circumstance depends entirely on the specific regulations currently in force for your type of visa. If you choose to withdraw the application entirely, please note that "fees payable in respect of an application that is withdrawn are not refundable" [3], subject to any existing regulations.

## Statutory citations

- Migration Act 1958, Section 504 - Regulations [in force] (https://www.legislation.gov.au/C1958A00062/latest/text)
  > making provision for the remission, refund or waiver of fees of a kind referred to in paragraph (a)
- Migration Act 1958, Section 45C - Regulations about visa application charge [in force] (https://www.legislation.gov.au/C1958A00062/latest/text)
  > make provision for the remission, refund or waiver of visa application charge or an amount of visa application charge
- Migration Act 1958, Section 49 - Withdrawal of visa application [in force] (https://www.legislation.gov.au/C1958A00062/latest/text)
  > Subject to the regulations, fees payable in respect of an application that is withdrawn are not refundable.

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